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7/20 Session: There's Only One Way to Pro Se
It’s Wednesday morning and we’re back at Guantanamo Bay for more pre-trial hearings in the case of the five men accused of plotting the 9/11 attacks. The previous two days have been closed sessions, but ... -
Statement from Military Commissions Chief Prosecutor Mark Martins
Military Commissions Chief Prosecutor Mark Martins released the following remarks yesterday at Guantanamo Bay before the resumption of pre-trial hearings in the case Khalid Shaikh Mohammad et al. -
This Week at the Military Commissions, 7/12 Session: Deja Vu All Over Again
And we’re back—though not to the 9/11 case or the Al Nashiri case, but instead to the pre-trial hearing of Abd al Hadi al Iraqi. As Nora Ellingsen detailed when Hadi’s case first came before the commissi... -
A Response to the Government's Brief in Capt. Smith v. Obama
The government has just filed its brief responding to Captain Smith’s challenge to the president’s unilateral war against ISIS. The government’s lengthy brief cites more than eighty judicial decisions, b... -
Statement from Military Commissions Deputy Chief Prosecutor Robert C. Moscati
Military Commissions Deputy Chief Prosecutor Robert C. Moscati issued the following statement yesterday prior to this week's military commission pre-trial hearings in the case of Abd al Hadi al Iraqi. Ke... -
Nashiri Update
The Nashiri saga has picked up steadily in recent weeks. We now know that in response to last June’s DC Circuit opinion alerting the Administration to constitutional Appointments Clause concerns regardin... -
President Obama's Executive Order on Pre/Post Airstrike Policies and Practices
Hot off the press: The new Executive Order concerning pre-strike and post-strike practices and policies is here, ODNI's release of aggregate casaulty information is here, and the official fact sheet conc... -
The Obama Administration’s Views on the Legality of Intervention in Syria Without Congressional or U.N. Security Council Support
As the Obama administration approaches its end, it is interesting to watch former Obama administration officials debate and disagree about its legal legacy. The most recent episode came in response to th... -
The Obama Legal Team and the Lawfulness of Attacking Assad
Editor's Note: This piece also appears on the Power Wars blog and Just Security. -
What Are The Important Cyber Conflict Questions (and Answers)?
As I mentioned earlier, this past week I was privileged to attend a conference on the State of the Field in the study of Cyber Conflict sponsored by the Columbia School of International and Public Affair... -
The Lawfare Podcast: Fred Kaplan on ‘Dark Territory: The Secret History of Cyber War’
Fred Kaplan joined me this week at the Hoover Book Soiree for a terrific discussion of his new book, Dark Territory: The Secret History of Cyber War: -
Shift to JSOC on Drone Strikes Does Not Mean CIA Has Been Sidelined
Greg Miller has an interesting and seemingly quite well-sourced article in the Washington Post today documenting (and offering explanations for) a significant decline in CIA drone strikes. To be clear, ...
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